updated 11:20 am EST, Tue December 29, 2009

Nokia adds iPod, Macs to patent claims

Nokia on Tuesday escalated its legal war against Apple with a complaint to the US International Trade Commission. The argument claims not only that the iPhone infringes patents but that "virtually all" products Apple makes, including iPods and Macs, are guilty of violating 7 Nokia patents. Nokia's allegations touch on both hardware-related patents for antennas, cameras and power management as well as user interfaces.

"Nokia has been the leading developer of many key technologies in small electronic devices," Patent Licensing General Manager Paul Melin claims. "This action is about protecting the results of such pioneering development. While our litigation in Delaware is about Apple's attempt to free-ride on the back of Nokia investment in wireless standards, the ITC case filed today is about Apple's practice of building its business on Nokia's proprietary innovation."

The company didn't outline its goals with the patent dispute, though most such ITC complaints are meant to seek import bans that would prevent a company from selling products affected by the dispute.

Nokia's move follows just after an Apple countersuit which claims the Finnish phone maker copied the iPhone when it couldn't compete properly on its own. Critics have charged Nokia with "competition by lawsuit," or attempting to compete by either damaging a rival's profit margins or blocking its sales rather than creating a better product.

Apple has been contacted for comment but hasn't had an opportunity to respond as of press time.

Who would have thunk it..

Nokia can't be arsed to be innovative anymore. Nokia get steamrollered by Apple. Apple being a company that was not even remotely known for making mobile phones. Nokia sales plummet, their finances are in the red, and now they are scratching about down the back of the corporate sofa for cash. Must be rather embarrassing for Nokia..
Then some bright spark suggests playing the legal card against Apple, in some vain attempt to save the day.

Talk about throwing low punches, just because your products are about as interesting as a wet piece of cardboard.
Lawyers and dull products are not going to turn around their fortunes and save the company from inevitable doom & gloom.

Re: Wow

And how is it not working? That someone develops a technology, uses it, and actually wants others to pay for using it? Yeah, you're right. You should start working on your proposal for the new system. Maybe something like "Apple can do what it likes, copy whatever they like, but no one is allowed to copy them". That's a good place to start.

And of course the counter-suit is just retaliation to Apple's counter-suit, which was just their "Well, you sue us over this, we'll sue you over that". Next up, Apple suing Nokia claiming that everything they sell is violating Apple's sense of quality engineering and style.

Here's a start

Testudo - how's this for a start - there should be a limitation on the time between a product appearing, and you submitting your claim for patent infringement. That would destroy a lot of bad submarine patents (i.e. letting people bring products to market using your patent, and then suing them - but only once there are millions to be had - Eolas being a case in point).

What I'd be asking here would be :
When did you first become aware of the infringement?
What steps did you take i.e. when were Apple made aware?

Of course we all know that what's really happening here is not that they want a fair and non-discriminationary return on their patent investment - what they desperately want is a patent trading agreement with Apple. This is the public end to a failed private negotiation.

This is the problem with Law firms

Companies have these law firms on retainer and need to make up something for them to do or accept the fees as a loss. Interesting fact is how rarely Apple files these types of vague suits. They spend their time actually creating new technology and patents or defending against people attacking their technology or blatantly copying it (a la Psystar).
These attack suits are just further confirmation of Apple being the lead dog.

Re: Here's a start

Here's a start
Testudo - how's this for a start - there should be a limitation on the time between a product appearing, and you submitting your claim for patent infringement. That would destroy a lot of bad submarine patents (i.e. letting people bring products to market using your patent, and then suing them - but only once there are millions to be had - Eolas being a case in point).

There is a limitation. Its 17 years, which is the time you own the rights to the patent. It's the whole point, so you can actually make money on your 'idea'.

What I'd be asking here would be :
When did you first become aware of the infringement?
What steps did you take i.e. when were Apple made aware?

Wow. You should call Apple. I bet their lawyers never thought of asking those questions.

But what happens when Nokia told Apple last year, and Apple basically has done nothing to satisfy the issue? Should Nokia just ignore the issue?

Of course we all know that what's really happening here is not that they want a fair and non-discriminationary return on their patent investment - what they desperately want is a patent trading agreement with Apple. This is the public end to a failed private negotiation.

Doesn't matter if that's what they want. If they have a valid claim, then they have the upper hand.

But of course we know they don't have a valid claim. Because they're suing Apple. Ergo all else is moot.

So When it Comes Down to It

The company that holds more patents to one up the other wins. This is all leveraging for an eventual negotiation. Nokia started it knowing full well that Apple would likely countersue for violating patents Apple holds. Clearly, Nokia has a prize in mind and has now upped the game. This is a very good indicator of how determined Nokia is to get its desired outcome.

The ball is now in Apple's court, does Apple try and one up Nokia? Or do they negotiate with Nokia to find a settlement Apple can live with.

If this just goes on and on, then it will go to court and the preliminaries will reduce the actual number of patents litigated over to a handful.

In my mind this is Nokia losing ground in the market and trying to capitalize or negotiate rights to Apple technology. No way is this a simple patent infringement.

I'm guessing that both company's have encroached on some of the other's patents in one way or another.

Thats just sad Nokia

I guess by further suing Apple, Nokia is basically admitting that they have nothing worthwhile down the road. I guess instead of pumping billions in R&R to produce a decent mobile platform that can compete with the iPhone, like what Google has done with the Android, they decide to take the bottom feeder route and become a patent troll!

Hey Nokia, look at the bright side, at least you still have the stronghold for low-end, cheap and good quality cellphones. No one will take that away from you.

total bs...

If ALL companies selling mobile phones/smart phones/whatever are paying Nokia to license their technology, then why is Nokia going down the tubes financially?...
http://www.gomonews.com/can-smartphones-and-competition-cripple-nokia/